Article 3 The severely mentally impaired

England and Wales

(1)

The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below F1or meets the requirements in F2paragraph (3) or (4) below.

(2)

The qualifying benefits for the purposes of paragraph (1) are—

F3(a)

an incapacity benefit under section 30A of the Social Security (Contributions and Benefits) Act 1992;

(b)

an attendance allowance under section 64 of that Act;

(c)

a severe disablement allowance under section 68 of that Act;

(d)

the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;

(e)

an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);

F4(f)

a disability working allowance under section 129 of that Act, where the qualifying benefit is—

(i)

one falling within subsection (2)(a)(i) or (ii) of that section, or

(ii)

income support, and the applicable amount formerly payable included a disability premium within the description in sub-paragraph (j) below,

or is a corresponding Northern Ireland benefit;

(g)

an unemployability supplement under Part I of Schedule 7 to that Act;

(h)

a constant attendance allowance under—

(i)

article 14 of the Personal Injuries (Civilians) Scheme 1983 M1; or

(ii)

article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 M2(including that provision as applied, whether with or without modifications, by any other instrument);

(i)

an unemployability allowance under—

(i)

article 18(1) of the Personal Injuries (Civilians) Scheme 1983, or

(ii)

article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument);

F5(j)

income support where the applicable amount includes a disability premium in respect of which the additional condition in paragraph 12(1)(b) of Schedule 2 to the Income Support (General) Regulations 1987 is satisfied;

F6(k)

incapacity benefit under sections 40 and 41 of the Social Security Contribution and Benefits Act 1992F7;

F8(l)

the standard or enhanced rate of the daily living component of personal independence payment under section 78(3) of the Welfare Reform Act 2012;

F9(m)

armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

F10(n)

universal credit under Part 1 of the Welfare Reform Act the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the person in question has limited capability for work or limited capability for work and work-related activity or would include such an amount but for regulation 27(4) or 29(4) of those Regulations.

F11(3)

The requirements in this paragraph are—

(a)

that the person in question has reached pensionable age as defined for the purposes of Parts I to VI of the Social Security Contributions and Benefits Act 1992, and

(b)

that had he not reached pensionable age he would have been entitled to one of the benefits listed in paragraph (2) above.

F12(4)

The requirements of this paragraph are that—

(a)

the person in question is a person whose partner is in receipt of jobseeker’s allowance, and

(b)

by virtue of that person’s incapacity for work the applicable amount for the purposes of regulation 83 or 84 of the Jobseeker’s Allowance Regulations 1996 includes a premium which falls to be determined under paragraph (d) or (g) of paragraph 14(1) of Schedule 1 to those Regulations.